Download or read book Judicial Dysfunction in Indonesia written by Simon Butt and published by Melbourne Univ. Publishing. This book was released on 2023-12-05 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia’s judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia’s first president, Soekarno. By the time President Soeharto’s regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society.
Download or read book The Indonesian Supreme Court written by S. Pompe and published by SEAP Publications. This book was released on 2005 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonial history -- Parliamentary system and guided democracy (1945-1965): the political mobilization of the judiciary -- New order (1965-1970): power struggle and failure -- Entrenched new order (post-1970): political co-optation of the judiciary -- The Supreme Court and judicial organization -- The judicial function -- The Supreme Court functions of regulation and supervision -- The organization of the Supreme Court -- The judges -- The impact of the Supreme Court decisions (jurisprudence).
Download or read book Legal Evolution and Political Authority in Indonesia written by Daniel Lev and published by BRILL. This book was released on 2021-10-25 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.
Download or read book The Constitutional Court and Democracy in Indonesia written by Simon Butt and published by BRILL. This book was released on 2015-05-19 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.
Download or read book Corruption and Law in Indonesia written by Simon Butt and published by Routledge. This book was released on 2017-05-31 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia has transformed from one of South East Asia’s most repressive and centralised political systems to its most decentralised and democratic. Despite this, obstacles still remain that hinder Indonesia achieving the ‘rule of law’, and in particular, the country is consistently ranked as having one of the highest levels of corruption in the world. This book assesses Indonesia’s anti-corruption reforms over the past decade, focusing on the Anti-corruption Commission (KPK) and the Anti-corruption Court (ACC). The book discusses how both institutions have been largely successful since they began operating on 2004. Before 2008, the KPK and ACC largely focused on mid-senior level targets and faced resistance primarily in the form of constitutional challenges to their jurisdictions and powers. From 2008, however, the KPK began targeting politically-powerful figures, drawing resistance that now threatens the future efficacy of both institutions. It is largely in Indonesia’s courtrooms and lawmaking institutions that key battles between reformists and those preferring the status quo have played out. This book describes and analyses these judicial processes and legal changes. It shows that despite persistent claims that Indonesia’s legal system is dysfunctional, law is far from irrelevant in modern day Indonesia. The book is a useful contribution to South East Asian politics and Asian law.
Download or read book Administrative Courts in Indonesia written by Adriaan Bedner and published by Martinus Nijhoff Publishers. This book was released on 2001-06-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.
Download or read book Corruption and Law in Indonesia written by Simon Butt and published by . This book was released on 2017-05-31 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia has transformed from one of South East Asia's most repressive and centralised political systems to its most decentralised and democratic. Despite this, obstacles still remain that hinder Indonesia achieving the 'rule of law', and in particular, the country is consistently ranked as having one of the highest levels of corruption in the world. This book assesses Indonesia's anti-corruption reforms over the past decade, focusing on the Anti-corruption Commission (KPK) and the Anti-corruption Court (ACC). The book discusses how both institutions have been largely successful since they began operating on 2004. Before 2008, the KPK and ACC largely focused on mid-senior level targets and faced resistance primarily in the form of constitutional challenges to their jurisdictions and powers. From 2008, however, the KPK began targeting politically-powerful figures, drawing resistance that now threatens the future efficacy of both institutions. It is largely in Indonesia's courtrooms and lawmaking institutions that key battles between reformists and those preferring the status quo have played out. This book describes and analyses these judicial processes and legal changes. It shows that despite persistent claims that Indonesia's legal system is dysfunctional, law is far from irrelevant in modern day Indonesia. The book is a useful contribution to South East Asian politics and Asian law.
Download or read book Law and Politics of Constitutional Courts written by Stefanus Hendrianto and published by Routledge. This book was released on 2018-04-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2021-05-20 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
Download or read book Judicial System of Indonesia written by and published by . This book was released on 2003 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crime and Punishment in Indonesia written by Tim Lindsey and published by Routledge. This book was released on 2020-12-14 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.
Download or read book Politicization of Justice in Indonesia written by Adnan Buyung Nasution and published by . This book was released on 1996 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indonesian Law written by Source Wikipedia and published by University-Press.org. This book was released on 2013-09 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 65. Chapters: Crime in Indonesia, Indonesian judges, Indonesian lawyers, Law enforcement in Indonesia, People's Consultative Assembly, Recipients of Indonesian presidential pardons, Taxation in Indonesia, Treaties of Indonesia, Fourth Geneva Convention, United Nations Charter, Poncke Princen, Indonesian legislative election, 2009, People's Representative Council, Indonesian legislative election, 2004, Legislation on Chinese Indonesians, First Geneva Convention, Third Geneva Convention, Indonesian legislative election, 1955, Human trafficking in Indonesia, Indonesian National Police, Indonesian legislative election, 1999, LGBT rights in Indonesia, Blasphemy law in Indonesia, Second Geneva Convention, Corruption Eradication Commission, Indonesian legislative election, 1992, Jawahir Thontowi, Indonesian legislative election, 1997, Detachment 88, Iwan Tirta, Indonesian legislative election, 1987, Brigade Mobil, Law of Indonesia, Indonesian legislative election, 1971, Indonesian passport, DPR/MPR Building, Indonesian Constituent Assembly election, 1955, Regional Representative Council, Supreme Court of Indonesia, Timor Gap Treaty, Manila Accord, Southeast Asian Nuclear-Weapon-Free Zone Treaty, Court system of Indonesia, Treaty of Giyanti, Prita Mulyasari, Susno Duadji, Cebu Declaration on East Asian Energy Security, Adat, Bill against Pornography and Pornoaction, Tommy Sihotang, Judicial Commission of Indonesia, Mohammad Mahfud, Patrialis Akbar, Omar Dani, Poenale sanctie, Yapto Soerjosoemarno, Administrative Village, Indonesian legislative election, 1982, Civil Service Police Unit, Indonesian legislative election, 1977, Hendarman Supandji, Bambang Hendarso Danuri, Ifa Sudewi, Timur Pradopo, Treaty of Bongaja, Hotman Paris Hutapea, Piracy in Indonesia, Tapol Bulletin, Linton Sirait, Treaty of The Hague, Landrentestelsel. Excerpt: ..
Download or read book The constitutional court of Indonesia written by Patrick D. Deegan and published by . This book was released on 2015 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Governance in Indonesia written by Dian Rositawati and published by . This book was released on 2019 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review in the Indonesia Constitutional Court written by Andi Sandi Ant. T. Tonralipu and published by . This book was released on 2003 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judicial System in Indonesia written by Indonesia. Supreme Court and published by . This book was released on 1993 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
